The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1887-11-24
profession, and that in his speech it was

! PiOlSSoiO1, oAo LdbS ~ htS oE'SSO-
not his purpose to attack any man, OF
class of men. In 1879 there was report
of "a committee appointed by the Legisla.
ture, stating that the interest of the State
in her phosphate deposits were not well
protected. When the board of agricul-
ture was organized it was made its duty,
in connection with its other duties, to
take charge of the phosphate interests OF
the State. One of the phosphate COM
panies and several private individuals
we're in possession of and claiming a
large extent Of creeks having phosphate
deposits and marshes underlaid with
phosphate rock. The Legislature, to
which body the comptroller general had
referred the matter, had failed to take
any positive action to secure the States
rights. The attorney general did not
recognize the right of the board to
require him to institute suit to protect
the rights of the State. The board,
feeling it to be their duty to act at once,
employed A. 7. Smyth to make thor
ough investigation of the States rights,
not only in the creeks but in the
marshes. Upon the coming in of his
report upon the facts, and his conclusions
of law thereon, the board had three
suits instituted, one against the Pacific
Guano Company, one against - Pinck-
ney and one against--Davis. A large
amount of territory claimed by these
defendants was decided to be the prop.
erty of the State, and in an accounting
with the Pacific Guano Company for
value of rock they had mined decree
was rendered by Judge Cothran for over
$4,000 in favor of the State. This
decree was afterwards set aside by the
Supreme Court, not because the State
was not entitled to il, but on account of
the method of arriving at Judge Goth.
rams conclusion.
In 1882 the Legislature passed an Act
that royalty should be paid, not upon
kiln-dried rock, but upon the crude rock,
but Notwithstanding that enactment, the
Coosaw Company, and perhaps others,
continued to make returns of kiln-dried
rock, alleging that it would be almost
impossible to comply with the require
ment Of the Legislature, and that in
addition, under their chartered rights,
they could not be compelled to comply.
Attorney General Miles was requested to
enforce the law, and an adjustment was
finally reached by which the company
paid for back royalty s4,9S6.46. The
royalty from that company has been
$4,000 greater per year than it was at
any time before, and it would have been
so all the time had it been paid on crude
rock.
Between 1872 and 1879, inclusive,
inspectors, fees on fertilizers amounted to
sS6,632.14; inspectors commissions on
royalty amounted to S28,646.66; salaries
of special agents were s1,7O92O, aggre-
eating s1l7,O0S. The receipts of royalty
during the eight years amounted to
$527, ,665.75. The total royalty under the
board for the same length of time was
81 ,1S9, ,41163, the expense of collecting
which was paid by the board out of the
amount received from tags, and really
not costing the State or the consumer l
cent, if the position OF the manufacturers
be correct, that they never charge any
more for the fertilizer for having to pay
the privilege tax, as it advertises their
goods and is guarantee of their value,
and is much more reliable than the old
method of advertising through almanacs.
When the board was organized it
regarded the protection of the farmer as
its most important duty, and secured
Prof. Shepard to do the analytical work,
with the understanding that he was to
receive SIS for every analysis. BE was
not to know what brand he was aualyz.
ing.
The board also decided that no sam.
Piles should be taken at the factories or
in the cities where the fertilizers were
manufactured, but in the towns and at
the depots where it was marketed. The
chemist was appointed by the board on
the recommendation of Prof. Sheppard,
on the ground that he would be directly
under the superintendent of the board
and the commissioner, and in order that
hes hould not only analyze fertilizers, but
also soils, mineral water, or any other
thing that would benefit the State. In
the judgment of the board it was best
that the chemical work should be done
by one experienced chemist, and his
evidence would be much more conclusive
in case of litigation than if done by atu
dents. The correctness of his work,
which has occupied all of his time, has
never been questioned.
The work Of the department has very
much increased, and its correspondence
greatly enlarged, and it would be impos.
sible to keep up with it if the commits
sioner were going all over the State
making agricultural speeches and gath.
ering up samples of fertilizers. The
board is not responsible if guanos are
sold in violation Of the law, as they have
invariably reported such violation, if
known to be wiful, to the attorney gen.
eral. Under the law of 1883, they have
no right to institute suits except under
the authority of the attorney general. II
railroads, steamboats, and manufacturers
violate the laH, the farmers know it, and
it is their duty, as in every other case OF
violation, to report the same, and have
the penalties imposed.
With regard to the establishment of an